U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 47— UNIFORM CODE OF MILITARY JUSTICE › Subchapter SUBCHAPTER X— PUNITIVE ARTICLES

10 U.S.C. § 928

Art. 128. Assault

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(a)Assault.—Any person subject to this chapter who, unlawfully and with force or violence—(1) attempts to do bodily harm to another person;(2) offers to do bodily harm to another person; or(3) does bodily harm to another person;is guilty of assault and shall be punished as a court-martial may direct.(b)Aggravated Assault.—Any person subject to this chapter—(1) who, with the intent to do bodily harm, offers to do bodily harm with a dangerous weapon;(2) who, in committing an assault, inflicts substantial bodily harm or grievous bodily harm on another person; or(3) who commits an assault by strangulation or suffocation;is guilty of aggravated assault and shall be punished as a court-martial may direct.(c)Assault With Intent to Commit Specified Offenses.—(1)In general.—Any person subject to this chapter who commits assault with intent to commit an offense specified in paragraph (2) shall be punished as a court-martial may direct.(2)Offenses specified.—The offenses referred to in paragraph (1) are murder, voluntary manslaughter, rape, sexual assault, rape of a child, sexual assault of a child, robbery, arson, burglary, and kidnapping.(Aug. 10, 1956, ch. 1041, 70A Stat. 75; Pub. L. 114–328, div. E, title LX, § 5441, Dec. 23, 2016, 130 Stat. 2954; Pub. L. 115–91, div. A, title X, § 1081(c)(1)(P), Dec. 12, 2017, 131 Stat. 1599; Pub. L. 115–232, div. A, title V, § 531(a), Aug. 13, 2018, 132 Stat. 1759.)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

928(a)

928(b)

50:722(a).

50:722(b).

May 5, 1950, ch. 169, § 1 (Art. 128), 64 Stat. 141.

Editorial NotesAmendments

2018—Subsec. (b)(3). Pub. L. 115–232 added par. (3).

2017—Subsec. (b)(2). Pub. L. 115–91 struck out comma after “substantial bodily harm”.

2016—Pub. L. 114–328 amended section generally. Prior to amendment, section related to the offenses of assault and aggravated assault.

Statutory Notes and Related SubsidiariesEffective Date of 2018 Amendment

Pub. L. 115–232, div. A, title V, § 531(b), Aug. 13, 2018, 132 Stat. 1759, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on January 1, 2019, immediately after the coming into effect of the amendment made by section 5441 of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2954) [which amended this section] as provided in section 5542 of that Act (130 Stat. 2967; 10 U.S.C. 801 note).”

Effective Date of 2017 Amendment

Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

Effective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Notes of Decisions
Cited in 1,098 cases (197 in the last 5 years), 1957–2026 · leading case: Jones v. United States, 526 U.S. 227 (1999).
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Jones v. United States, 526 U.S. 227 (1999). · cites it 2× “, 10 U. S. C. § 928 (b)(2) (assault by a member of the armed forces); 18 U.”
United States v. Bowen, 76 M.J. 83 (C.A.A.F. 2017). · cites it 2× “MB, and one specification of assault consummated by battery upon a fellow airman, Senior Airman (SrA) BB, in violation of Article 128, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 928 (2012). 2 The panel acquitted Bowen of two specifications of assault with a dangerous…”
United States v. Simmons, 59 M.J. 485 (C.A.A.F. 2004). · cites it 4× “Simmons was tried by a general court-martial composed of officer members and was convicted of assault consummated by a battery and conduct unbecoming an officer and gentleman in violation of Articles 128 and 133, Uniform Code of Military Justice [UCMJ], 10 U.S.C. §§ 928 and 933…”
United States v. Warner, 62 M.J. 114 (C.A.A.F. 2005). · cites it 3× “2 10 U.S.C. § 928 (2000). 3 The members sentenced Appellant to a bad-conduct discharge, confinement for eighteen months, forfeiture of all pay and allowances, and reduction to pay grade E-1.”
United States v. Joseph, 37 M.J. 392 (1993). · cites it 5× “Opinion of the Court COX, Judge: A military judge sitting alone as a general court-martial convicted appellant, contrary to his pleas, of aggravated assault with a dangerous weapon or other means or force likely to produce death or grievous bodily harm, inter alia, in violation…”
United States v. Rosario, 76 M.J. 114 (C.A.A.F. 2017). “§ 920 (2012), and one specification of assault consummated by a battery in violation of Article 128, UCMJ, 10 U.S.C. § 928 (2012). Appellant was sentenced to a bad-conduct discharge and reduction to grade E-l.”
United States v. Ahern, 76 M.J. 194 (C.A.A.F. 2017). “3136 (2006)); one specification of assault consummated by battery, in violation of Article 128, UCMJ, 10 U.S.C. § 928 (2000); three specifications of indecent acts upon a child, and one specification of child endangerment, in violation of Article 134, UCMJ, 10 U.”
Middendorf v. Henry, 425 U.S. 25 (1976). · cites it 2× “128, UCMJ, 10 U. S. C. § 928 , had been ordered to stand trial at summary courts-martial which had not been convened.”
United States v. Vaughan, 58 M.J. 29 (C.A.A.F. 2003). · cites it 2× “She was convicted of three specifications of assault and one charge of “child neglect,” in violation of Articles 128 and 134, Uniform Code of Military Justice [hereinafter UCMJ], 10 U.S.C. §§ 928 and 934, respectively. Appellant contested one of the assault specifications and…”
United States v. Doss, 57 M.J. 182 (C.A.A.F. 2002). · cites it 2× “A military judge sitting as a general court-martial convicted appellant, pursuant to his pleas, of assault with a dangerous weapon and assault consummated by a battery, in violation of Article 128, Uniform Code of Military Justice (UCMJ), 10 USC § 928 . The military judge also…”
Solorio v. United States, 483 U.S. 435 (1987). · cites it 2× “128, 10 U. S. C. § 928 , and 1 specification alleging attempted rape in violation of Art.”
United States v. Elespuru, 73 M.J. 326 (C.A.A.F. 2014). · cites it 2× “3136 (2006)); Charge I, Specification 3, divers occasions of wrongful sexual contact, in violation of Article 120, UCMJ; and Charge II, Specification 1, assault consummated by a battery, in violation of Article 128, UCMJ, 10 U.S.C. § 928 (2006). Consistent with his pleas,…”
Show all 1,098 citing cases →
— 10 U.S.C. § 928(a)(3) — 1 case
United States v. Matti (C.A.A.F. 2026).
— 10 U.S.C. § 928(b) — 1 case
United States v. Dominguez-Garcia (A.F.C.C.A. 2022).
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